205 CMR 134.19 - Disciplinary Action

(1) Grounds for Disciplinary Action. Any employee or vendor license or registration issued under 205 CMR 134.00 may be conditioned, suspended, or revoked, or a civil administrative penalty assessed, if the Bureau finds that a licensee or registrant has:

(a) been arrested or convicted of a crime while employed by a gaming establishment and failed to report the charges or the conviction to the commission;

(b) failed to comply with M.G.L. c. 23K, § 13; or

(c) failed to comply with any provision of M.G.L. c. 23K or 205 CMR pertaining to licensees and registrants, including failure to act in conformance with an applicable provision of the gaming licensee's system of internal controls approved in accordance with 205 CMR 138.02.

(2) Finding and Decision. If the Bureau finds that a licensee or registrant has violated a provision of 205 CMR 134.19(1), it may issue a written notice of its intent to reprimand, suspend, or revoke said license or registration. Such notice shall be provided in writing and contain a factual basis and the reasoning in support the decision, including citation to the applicable statute(s) or regulation(s) that supports the action. It shall further advise the licensee or registrant of their right to a hearing and their responsibility to request a hearing in accordance with 205 CMR 134.19(4), if they so choose, and that failure to do so may result in the decision automatically being imposed. Mailing of the notice to the address on record with the commission, or emailing the notice to the address provided to the commission by the licensee/registrant shall be deemed satisfactory service of the notice. The Bureau may alternatively issue an order temporarily suspending a license in accordance with M.G.L. c. 23K, § 35(e).

(3) Civil Administrative Penalties. The Bureau may assess a civil administrative penalty on a licensee or registrant in accordance with M.G.L. c. 23K, § 36 for a violation of 205 CMR 134.19(1).

(4) Review of Decision. Any person aggrieved by a decision made by the Bureau, in accordance with 205 CMR 134.19(2) or (3), may request review of said decision in accordance with 205 CMR 101.00: M.G.L. c. 23K Adjudicatory Proceedings. Failure to request such review may result in the decision automatically being imposed.

Notes

205 CMR 134.19

Amended by Mass Register Issue 1284, eff. 11/21/2014. Amended by Mass Register Issue 1331, eff. 1/27/2017. Amended by Mass Register Issue 1369, eff. 7/13/2018. Amended by Mass Register Issue 1413, eff. 12/23/2019.